Media Contact: 
Janice Wise (202) 418-8165
janice.wise@fcc.gov
For Immediate Release
FCC EXAMINES STATE OF VIDEO PROGRAMMING DIVERSITY
Notice of Inquiry Asks for Comment on the Challenges Independent Programmers Face
WASHINGTON, February 18, 2016 – The Federal Communications Commission today issued a Notice 
of Inquiry (NOI) to begin a conversation on the state of independent and diverse programming. The NOI
solicits comment on the principal challenges independent video programmers face in gaining carriage of 
their content on both traditional and emerging distribution platforms. This action will help the 
Commission assess the current state of video programming diversity and determine whether further action 
is needed to promote independent programming sources.
Independent video programmers repeatedly have expressed concern that some practices of cable operators 
and other multichannel video programming distributors (MVPDs) limit their ability to reach viewers.  To 
evaluate these concerns and assess the impact of these practices on the Commission’s goal of fostering a 
diverse, robust, and competitive programming marketplace, the NOI asks for comment on the general 
state of the marketplace for independent video programming and the challenges faced by all independent 
programmers – including new and emerging programmers – in attempting to launch or grow.  
The NOI specifically invites comment on several issues that independent programmers and other 
interested parties have raised in other proceedings, including:
? Contractual provisions often contained in program carriage agreements, such as most 
favored nation (MFN) and alternative distribution method (ADM) clauses;
? Distribution via over the top (OTT) platforms, and the costs and benefits of foregoing MVPD 
carriage to pursue OTT carriage;  
? Program bundling (i.e., the practice by some content companies of requiring MVPDs or other 
distributors to carry large bundles in order to gain access to marquee programming);  
? Negotiation tactics alleged to be common among MVPDs that may impede the ability of 
independent programmers to obtain carriage; and
? Claims that MVPDs discriminate against public, educational or government access (PEG) 
programming by failing to make PEG programming, and information about this programming, 
adequately available to subscribers. 
Lastly, the NOI asks about the Commission’s legal authority in this area and what role, if any, it should 
play in addressing obstacles that hinder consumers from accessing sources of independent and diverse 
programming.
Action by the Commission February 18, 2016, by Notice of Inquiry (FCC 16-19). Chairman Wheeler, 
Commissioners Clyburn, Rosenworcel and Pai approving with Commissioner O’Rielly 
concurring. Chairman Wheeler, Commissioners Clyburn, Rosenworcel, Pai and O’Rielly issuing 
statements.
(MB Docket No. 16-41)
###
Office of Media Relations: (202) 418-0500
TTY: (888) 835-5322
Twitter: @FCC
www.fcc.gov/office-media-relations
This is an unofficial announcement of Commission action.  Release of the full text of a Commission 
order constitutes official action.  See MCI v. FCC. 515 F 2d 385 (D.C. Circ 1974).